Linn auditor, supervisors clash over issues

Linn County supervisors and Auditor Joel Miller agree that things between them could be better.

“It's hard for me to understand, I guess you would call it the antagonism Joel has for the board,” said Supervisor John Harris, R-Palo, who took office in January 2011. “I wasn't there for all of it.”

County residents doing business with his office wouldn't know his long-standing dispute with supervisors escalated earlier this month over a laptop computer, Miller, a Democrat from Robins, said.

“The people who are doing the work still do the work,” he said. “Everybody does what they're supposed to be doing. Our disagreements are with policy.”

“They're above that,” said Harris of the auditor's staff. “They're professional.”

But there's also worry continued disputes may be taking a toll.

“When something like this goes on, the cost is really in employee morale,” said Supervisor Linda Langston, D-Cedar Rapids.

“This friction with the auditor is just taking productivity way down, and from that point of view it's unfortunate,” said Supervisor Lu Barron, D-Cedar Rapids. “It has spilled over to other departments, and that's just a shame.”

First elected in a February 2007 special election and elected to his first full term in November 2008, Miller's relationship with county supervisors was mostly routine until January 2010, when the board voted to override his appointment of a deputy auditor. Miller wanted the deputy to internally audit independent accounts maintained by most county departments.

Miller filed suit the following month, accusing the board of interfering with his office's statutory powers. The supervisors countersued, and both claims were combined into a single case set for trial Tuesday.

The case pits two interpretations of the county auditor's duties against each other.

By Miller's reading of state law, beyond its basic duties his office's authority includes oversight of the budgets of other county departments. The supervisors argue the auditor's job is limited to administering elections, tracking real estate transactions, paying the county's bills and maintaining county-owned facilities.

A court decision favoring the supervisors would alter the balance of power in county government in Iowa, Miller said.

“If they're successful in limiting what the auditor does to only what he's required to do, that sets up the situation to do the same thing with the recorder and the same thing with the sheriff” and the rest of a county's elected officials, he said. “That's the danger of the court ruling, that we're limited to doing only the things spelled out in the code and I think that's a danger to home rule.”

Earlier this month, Miller and the supervisors clashed over an internal investigation into his hiring of a friend to manage a software project in his elections office. Joe Clarahan was hired through the temporary agency Kelly Services, which received $37,342 between last September and March 19 for Clarahan's work.

Miller at first refused to turn over the county-owned laptop computer Clarahan used on the project, relenting only after copying its hard drive during an appearance on Bob Bruce's WMT Radio talk show. He continues to criticize the investigation by Finance Director Steve Tucker as a political attempt to damage him in the run-up to the June 5 Democratic primary, in which he has two challengers.

“I don't know that I agree with some of this being coincidental,” said Miller. “I think it's timed.”

Miller also questions Tucker's conduct of the investigation, claiming the finance director holds a grudge over a partial audit last year of the county's accounting practices. The audit, conducted by the state Auditor's Office at Miller's request, recommended several changes to  county practices - most of them adopted before the audit was completed.

“I don't feel that he has any objectivity left,” Miller said.

Supervisors reject Miller's characterization of Tucker, and of the complaint by two county workers that launched his investigation.

“(Miller's) a little jittery right now, because he's got an primary election,” said Supervisor Brent Oleson, R-Marion. “If I had a primary election, I'd be a little jittery.”

Oleson said Tucker's work will be “fairer than any other person who could do it. Steve's a very very fair and ethical person.”

“I've kind of privately looked into it, and I don't think the complaint was politically motivated or politically timed,” said Harris. “And I don't think Mr. Tucker has had political motivation.”

“(Tucker) takes these roles and responsibilities very seriously and there's nothing trivial about a fraud investigation brought on by two employees,” said Supervisor Ben Rogers, D-Cedar Rapids.

The rift has come up when he's out door-knocking for his re-election bid, Rogers said.

“It bothers them that there is this perceived conflict between the Auditor's Office and the board,” he said.

Rogers said he tells voters “we actually agree more than we disagree.

“It's when we disagree, that's normally when it's reported,” Rogers said. “When there's tension it's only a brief time, and hopefully it's civil. We're focused on the issues and not on the personalities.”

Oleson thinks Miller's biggest differences are with the board's Democrats.

“I don't think they have a good relationship with him,” he said, noting he was the only supervisor to support Miller's plan to audit other county departments.

“I've been supportive of things he's wanted, and when I haven't been we've kept our relationship civil,” Oleson said.

Under oath Wednesday, Miller delivered to the supervisors a 26-page written account of Clarahan's hiring.

“I tried to provide a sufficient amount of detail to answer what I think are the questions,” Miller told supervisors as he placed his report into the record.

Harris formally questioned Miller whether his report included “the whole truth and nothing but the truth” before the board accepted it.

Miller Report